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re: Hawaii house built on wrong lot ordered to be torn down by judge

Posted on 6/25/24 at 9:56 am to
Posted by dewster
Chicago
Member since Aug 2006
25991 posts
Posted on 6/25/24 at 9:56 am to
quote:

If that was me in that situation, I’d be like, hey, thanks for the new house….appreciate it.



Yeah wonder what would happen if she just evicted everyone and showed up with a moving truck one day.

Could the builder file a lien on work that the owner didn't ask for?
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
104301 posts
Posted on 6/25/24 at 9:57 am to
quote:

If that was me in that situation, I’d be like, hey, thanks for the new house….appreciate it.


I’m pretty sure the builders originally sued her to try to recoup the cost of the house.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
87101 posts
Posted on 6/25/24 at 10:03 am to
How did the inspector not catch up as it was being built?
Posted by mmcgrath
Indianapolis
Member since Feb 2010
36649 posts
Posted on 6/25/24 at 10:11 am to
quote:

I’m pretty sure the builders originally sued her to try to recoup the cost of the house.
Yes. But they offered her like a 5 or 10% discount on the house she didn't want. At full retail value too.
Posted by N2cars
Member since Feb 2008
34812 posts
Posted on 6/25/24 at 10:12 am to
She's pretty dumb not take that deal.



But landowners can be unreasonable, which is their right, as owners.

That said, at least the builder was trying to make a reasonable offer to make the situation right without losing a big chunk of time and money.
Posted by cajunandy
New Orleans
Member since Nov 2015
821 posts
Posted on 6/25/24 at 10:19 am to
quote:

How the hell building on the wrong lot happen all the way through moving in to the house and living there is beyond me.


The building contract called for a survey before construction. The contractor, wanting to save money, hired some guy who counted telephone poles to determine where to build. He got the lot on the wrong side of the telephone pole. thus he built on the wrong lot.
This post was edited on 6/25/24 at 10:22 am
Posted by TackySweater
Member since Dec 2020
20782 posts
Posted on 6/25/24 at 10:23 am to
What was the original offer to her?
Posted by dewster
Chicago
Member since Aug 2006
25991 posts
Posted on 6/25/24 at 10:24 am to
quote:

Yes. But they offered her like a 5 or 10% discount on the house she didn't want. At full retail value too.



Yeah she was right to reject that.

I'm not a lawyer. But IMO that should be abandoned property after eviction and the builder should be on the hook for restoring the property to its natural state should she want that.
Posted by dewster
Chicago
Member since Aug 2006
25991 posts
Posted on 6/25/24 at 10:25 am to
quote:

The contractor, wanting to save money, hired some guy who counted telephone poles to determine where to build. He got the lot on the wrong side of the telephone pole. thus he built on the wrong lot.


Hope that guy was insured....
Posted by teke184
Zachary, LA
Member since Jan 2007
101860 posts
Posted on 6/25/24 at 10:26 am to
The legal battle between the builder, the surveyor, the various insurance companies, etc, should be fun.

Title insurance would cover the original lot because that is what they would be asked to research, not the wrong lot thanks to a surveyor error.
Posted by goofball
Member since Mar 2015
17182 posts
Posted on 6/25/24 at 10:26 am to
quote:

I’m pretty sure the builders originally sued her to try to recoup the cost of the house.



I know there are some crazy progressive judges and lawyers out there. But I just don't see this not being laughed out of the legal system in most mountain, midwestern, or southern states.

Posted by teke184
Zachary, LA
Member since Jan 2007
101860 posts
Posted on 6/25/24 at 10:28 am to
Lawyers try this shite because it occasionally works and they figure the chances of bad publicity are slim.


Still falls into the category of “the lion, the witch, and the audacity of this bitch”, though.
Posted by goofball
Member since Mar 2015
17182 posts
Posted on 6/25/24 at 10:29 am to
quote:

Title insurance would cover the original lot because that is what they would be asked to research, not the wrong lot thanks to a surveyor error.


Surveyor's insurance is going to have a bad day.
Posted by ChatGPT of LA
Member since Mar 2023
2663 posts
Posted on 6/25/24 at 10:29 am to
This type of situation will not exist in 2 years. As digital tokenization is implemented on block chains, this can't happen. All real world assets will be tokenized and easily transferable, sold, etc
Posted by N2cars
Member since Feb 2008
34812 posts
Posted on 6/25/24 at 10:37 am to
quote:

Title insurance would cover the original lot because that is what they would be asked to research, not the wrong lot thanks to a surveyor error.


So, the builder gave them the "correct" address which showed the builder actually owning that lot, I'm assuming?

But the actual purchaser of the insurance would be the buyer of the new home- I think the title insurance would likely still be on the hook in some capacity, but I'm no title attorney...
Posted by teke184
Zachary, LA
Member since Jan 2007
101860 posts
Posted on 6/25/24 at 10:39 am to
Home never sold AFAIK… it was built and about to be put on the market when they realized the frickup.
Posted by Clames
Member since Oct 2010
17796 posts
Posted on 6/25/24 at 10:43 am to
quote:

keep the free house or


She didn't want it. I wouldn't want some rando house built on my property when I had plans for my own design.

quote:

take 250K and the empty lot next to your lot


She wanted her lot, courts have long held that property is unique so it really doesn't matter if there is an acre right next door that is nearly identical.
Posted by N2cars
Member since Feb 2008
34812 posts
Posted on 6/25/24 at 10:48 am to
Ah, thanks.
Posted by Shunface
Lafayette County Detention Center
Member since Jan 2013
4990 posts
Posted on 6/25/24 at 10:52 am to
I’m on the side of the Californian woman.

However, I will say that she would be unreasonable regardless (as is her right as the correct property owner) BUT she is a nut job. Her primary reason for not swapping lots was due to the property aligning with “astrological coordinates.”
This post was edited on 6/25/24 at 10:56 am
Posted by teke184
Zachary, LA
Member since Jan 2007
101860 posts
Posted on 6/25/24 at 10:57 am to
She can afford to be nuts.

And “unreasonable” has wide latitude when someone has built a house on your property without permission.
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